1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing this as is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff's additional determination as to the plaintiff's assertion shall obtain an extension of the period of permission to collect earth and stones from the defendant during the period during which the plaintiff could not unfairly collect earth and stones due to the cancellation of the disposition. The defendant's liability is recognized for damages caused by failure to collect earth and stones, and thus, there is a legal interest to seek the cancellation of the disposition of this case. However, the plaintiff's benefit which can be invoked in the claim for damages against the defendant after receiving a judgment that the disposition of this case was illegal is merely a factual and economic interest (see, e.g., Supreme Court Decision 2000Du2457, Jan. 11, 2002). Thus, the plaintiff's above assertion is without merit.

3. The decision of the court of first instance is unlawful and thus, the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.